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NORTH DAKOTA

2010-2012 FISHING PROCLAMATION

Relating to the times, places and manner of taking fish, possessing fish, closing certain waters to fishing, setting size and creel limits, and establishing game species for the period of April 1, 2010 through March 31, 2012 for recreational and commercial fishing, bait vending, clamming and leeching. By virtue of the authority vested in me by Chapter 20.1-08 of the North Dakota Century Code as amended, and upon recommendation of the Game and Fish Director, I do hereby Order and Proclaim:

A. RECREATIONAL FISHING

Recreational fishing is defined as those methods described hereafter as allowable activities during each of the two fishing years of this proclamation with the possession of a valid fishing license. A fishing year is defined as being from April 1 of one calendar year through March 31 of the following calendar year. Free Fishing Days - Residents of North Dakota may fish without a resident fishing license on June 5-6, 2010 and June 4-5, 2011. No person shall take for the purpose of sale, barter or trade any fish, clams or leeches except as provided in Section B. American’s with Disabilities - The Director may make reasonable accommodations to comply with the American’s with Disabilities Act. 1. SPECIES DEFINITIONS

GAME FISH are defined as bluegill, burbot, channel catfish, chinook salmon, crappie (black and white), largemouth bass, muskellunge (pure and hybrid), northern pike, paddlefish, sauger, saugeye, smallmouth bass, sturgeon (pallid, shovelnose, and lake), trout (brown, lake, rainbow, and cutthroat), walleye, white bass, yellow perch and zander. NONGAME FISH are all other species of fish, other than game fish, that inhabit and reproduce in the waters of the state.

2. BAIT AND LURE

2-1. Definitions

2-1-1. Legal Live Bait. Legal live bait are all amphibians, insects, or other invertebrates or parts thereof.

2-1-2. Legal Live Baitfish. Legal live baitfish are fathead minnows, white sucker, creek chubs, rainbow smelt and sticklebacks.

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2-1-3. Preserved Fish. Nongame fish, yellow perch eyes, and trout and salmon eggs which have been preserved by freezing, salting or otherwise treated to inactivate sexual products are legal bait. Other game fish and parts thereof are illegal.

2-1-4. Cut Fish. The use of nongame fish as cut fish are legal. Cut fish is defined as a non-game fish that has been reduced to sections, pieces or parts thereof. Heads and entrails of non-game fish are considered cut fish. 2-1-5. Manufactured and Biodegradable Bait. Products manufactured as edible fishing bait and other inert biodegradable substances are legal bait.

2-1-6. Lure. A lure is defined as any man-made object comprised of metal, plastic, wood and other nonedible materials made or used to catch fish. A lure may not contain more than three hooks and the maximum distance between any hooks on a lure may not exceed 10 inches. A single hook may not include more than three points, barbed or otherwise. Spinners, and other live bait rigs and harnesses are considered a lure and are permissible. Hookless dodgers or attractors used ahead of a lure or bait are legal.

2-2. Bait Restrictions

2-2-1. No live aquatic organisms may be imported into the state as bait. This includes all fish, amphibians, aquatic insects and aquatic invertebrates. 2-2-2. It is illegal to possess or use as live baitfish any species of fish not allowed in this section. The possession of a restricted live baitfish while fishing in waters prohibiting use of that live baitfish is illegal. 2-2-3. Statewide Except for species and areas specified in Section 2-2-3.1, the only legal live baitfish statewide are fathead minnows, creek chubs and sticklebacks.

2-2-3.1 Exceptions:

2-2-3.1.1 No live baitfish are allowed in the following areas: a. Belfield Dam (Stark County) b. Blumhardt Dam (McIntosh County) c. Bylin Dam/Dougherty Dam (Walsh County) d. Camels Hump Dam (Golden Valley County) e. Crown Butte (Morton County) f. Custer Mine Pond (McLean County) g. Davis Dam (Slope County) h. Dickinson Dike (Stark County) i. Fish Creek (Morton County) j. Harmon Lake (Morton County) k. Indian Creek (Hettinger County) l. Kettle Lake (Williams County) m. Leland Dam (McKenzie County) n. Lightning Lake (McLean County) o. McDowell Dam (Burleigh County) p. North Lemmon Dam (Adams County) q. Nygren Dam (Morton County)

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r. Raleigh Reservoir (Grant County) s. Sather Dam (McKenzie County) t. Sheep Creek Dam (Grant County) u. Velva Sportsmens Pond (Ward County)

2-2-3.1.2 Red River and Bois de Sioux River (up to the first vehicular bridge or crossing on any of its tributaries) – the only legal live baitfish are: fathead minnows, creek chubs, sticklebacks and white suckers.

2-2-3.1.3 Garrison Dam Tailrace (defined as that portion of the Missouri River from the Garrison Dam downstream three miles to the southern boundary of the US Army Corps of Engineers Downstream Recreational Area) - the only legal live baitfish are: fathead minnows, creek chubs, sticklebacks and rainbow smelt. Live rainbow smelt used as bait in the Garrison Dam Tailrace must have been captured by legal means (see Section 3-5-1) in the Tailrace.

3. MANNER OF TAKING FISH Legal means, equipment, seasons, water bodies and species are defined as follows:

3-1. HOOK AND LINE FISHING

3-1-1. Means and Equipment

With the exceptions noted in Section 3-1-1.1 legal hook and line equipment for each angler shall consist of not more than two poles, each equipped with one line to which is attached not more than two lures (see Section 2-1-6). The use of any spring, lever, chemically, electrically or mechanically actuated hook is prohibited at all times. The use of any mechanical device to automatically retrieve the fish is illegal. Ice fishing is defined as hook and line fishing which occurs while on the ice. Tip-ups are permissible for ice fishing and each tip-up is considered one pole. All holes greater than 10 inches in diameter made in the ice must be marked when the area is vacated as specified in Section 5. Any fishing pole which is unattended or not checked for a period exceeding one hour is deemed to be a set line and is illegal. Anglers shall, at all times, be within 150 feet of their fishing poles that they are actively using while fishing. Possession of foul hooked fish is illegal. Any foul hooked or snagged fish must be returned immediately to the water regardless of condition. A foul hooked or snagged fish is defined as any fish hooked or caught in any area from behind the gill covers to the tail. Attempting to snag any fish is prohibited at all times. Landing a fish caught on hook and line equipment with aid of a gaff is legal except for sturgeon, paddlefish, muskellunge and species in waters in which there are size limits. No gaffed fish may be returned to the water. It is legal to return all other fish to the water if done immediately after being caught. No fish may be returned to the water after being placed on a stringer or confined by or in any type of container, livewell or other holding structure except with written approval from the Game and Fish Director. Fish, on which there is a size limit, if undersized or oversized, must be returned to the water regardless of condition. It is illegal to tag or mark any fish prior to release except with written approval from the Game and Fish Director.

3-1-1.1. Exceptions to two poles are as follows: 1. One pole per angler:

- While fishing from the piers and wingwalls of the Garrison Dam Tailrace.

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- While fishing from shore in that portion of the Red River from the "Closed to Fishing” area downstream of the Drayton Dam to the boat ramp.

2. Four poles per angler (maximum): - While ice fishing.

3. Note: When fishing a water body where both open water and ice fishing occur at the same time, an angler is allowed a maximum of four poles of which no more than two poles can be used in open water.

3-1-2. Seasons and Water Bodies for Legally Taking Fish

Except in areas and times specified in Section 3-1-2.1, the hook and line season is open in all waters of the state open to fishing from April 1 through March 31 of each fishing year.

3-1-2.1. Exceptions are:

1. McDowell Dam (Burleigh County), Lightning Lake (McLean County) and State Fair Pond (Pathway Pond) (Ward County) are closed to all fishing from November 1 through March 31 of each fishing year.

2. Areas designated by the Refuge manager of J. Clark Salyer, Arrowwood, Tewaukon, Lake Ilo, Long Lake, and the Upper Souris National Wildlife Refuge (Lake Darling) are open to shore and/or ice fishing from April 1 through March 31 of each fishing year. Designated areas are open to boat fishing from May 1 through September 23 but closed all other times.

3. Audubon National Wildlife Refuge is open to ice fishing but closed to all open water fishing.

4. With the exception of the lakes, dates and limitations listed below, U. S. Fish and Wildlife Easement Refuge lakes are closed to fishing;

a. Dakota Lake, Hobart Lake, and Sibley Lake (Griggs Co) are open to all fishing from April 1 through September 23 and December 1 through March 31 of each fishing year. These lakes are be closed to all fishing and boating from September 24 through November 30.

b. Lake Ardoch, Lake George, Rose Lake and Silver Lake (Benson Co) are open to shore and/or ice fishing from April 1 through March 31 of each fishing year. These lakes are closed to boat fishing and boating year round.

5. The Baldhill Creek from the Wesley Acres Bridge to one half mile downstream is closed to boat fishing from April 1 through May 24 of each fishing year. This area shall then be open to all fishing from May 25 through March 31 of each fishing year.

6. It is illegal to fish from the bridge located between North and South Lake Metigoshe as well as 100 feet in any direction from this structure at any time.

7. It is illegal to fish in that portion of the Red River from the Drayton Dam downstream for a distance of 150 feet.

8. Areas near the Garrison Dam Tailrace so posted by the US Army Corps of Engineers are closed to fishing.

9. OWLS Pond (Burleigh County) or State Fair Pond (Pathway Pond) (Ward County) will be closed from sunset to sunrise.

10. No person shall fish or boat in areas posted and designated by the Game and Fish Department as rearing ponds, spawning areas, or other designated areas.

11. Lake specific rules may be issued by Department signage at access areas and bridges.

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3-1-3. Species Legally Taken All species (game and nongame) can be taken while hook and line fishing except the following: pallid sturgeon, shovelnose sturgeon, lake sturgeon, paddlefish and grass carp (these five species must be immediately released back into the water from which they were caught regardless of condition).

33-2. ARCHERY, SPEAR AND UNDERWATER SPEAR FISHING

3-2-1. Means and Equipment

Legal archery equipment for licensed anglers is any bow, to which an arrow is attached by a line and equipped with a harpoon-style or wire barbed point. Crossbows are prohibited, except with a special Director’s permit that may be issued if an individual is permanently disabled.

Legal spear equipment is any manually powered shaft with barbed points. The spear head shall not exceed 12 inches in width. Legal equipment for underwater spear fishing is rubberband powered, or pneumatic powered spear guns only. All spear guns shall have the spear attached by a lanyard with a maximum length of twenty feet. Underwater spears may be discharged only when the operator and equipment are entirely under the surface of the water. Underwater spear fishing is prohibited within 150 feet of any designated swimming or water ski area, boat dock or spillway or individuals engaged in fishing. The Diver’s Down Flag must be displayed on the water on a float or buoy during any underwater spear fishing. Underwater spearers must stay within 100 feet of the vertical position of their Diver Down Flag. Persons who underwater spearfish between sunset and sunrise must display a lighted Diver’s Down Flag. Individuals who underwater spearfish between sunset and sunrise must carry a hand-held light which must be visible from a distance of 150 feet and must be displayed when the diver is at the surface. It is illegal to return fish to the water after being shot or speared.

3-2-2. Seasons and Water Bodies for Legally Taking Fish

Archery, spear and underwater spear fishing is legal from May 1 through September 30 of each fishing year. Archery and spear fishing is open on all waters open to hook and line fishing (Section 3-1-2) with the following exception:

1. That portion of the Missouri River from the Garrison Dam downstream three miles to the southern boundary of the US Army Corps of Engineers Downstream Recreational Area

Underwater spear fishing is open only in the following areas:

1. The Missouri River, except from the Garrison Dam downstream three miles to the southern boundary of the US Army Corps of Engineers Downstream Recreational Area;

2. Lake Oahe; 3. Lake Sakakawea; 4. Lake Audubon (those areas open to fishing);

5. Devils Lake;

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6. Stump Lake; 7. Spiritwood Lake 3-2-3. Species Legally Taken

Archery and spear fishing - game fish, as defined in Section A-1 of this proclamation, may not be taken. All other species are legal. Underwater spear fishing - all species except the following may be taken: smallmouth bass, muskellunge (pure and hybrid), paddlefish, pallid sturgeon, and shovelnose sturgeon.

3-3. DARK HOUSE SPEAR FISHING

3-3-1. Means and Equipment

Legal dark house spear equipment is any manually powered shaft with barbed points. The spear head shall not exceed 12 inches in width. Pneumatic or rubber band powered spear guns shall not be legal while dark house spear fishing. There is no limit on the size of the ice hole while actively engaged in dark house spear fishing on the lakes specified in Section 3-3-2. All holes greater than 10 inches in diameter made in the ice must be marked when the area is vacated as specified in Section 5. Possession of a spear is counted as a hook and line fishing pole while dark house spear fishing. Artificials and all bait as defined in Section 2-1 with the exception of live white sucker and rainbow smelt may be used as decoys. Any line used for a decoy will be considered a hook and line fishing pole if a hook is attached to the line. It is illegal to return fish to the water after being speared. 3-3-2. Seasons and Water Bodies for Legally Taking Fish

Dark house spear fishing is legal from December 1 through March 15 of each fishing year except for Spiritwood Lake where dark house spearing is legal from January 1 through March 15 of each fishing year. Dark house spear fishing is allowed only in the following areas:

Alkaline Lake (Kidder Co.) Helen Lake (Kidder Co.) Beaver Lake (Logan Co.) Horsehead Lake (Kidder Co.) Blickensderfer Dam (Hettinger Co.) Island Lake (Rolette Co.) Buffalo Lake (Sargent Co.) Juanita Lake (Foster Co.) Buffalo Lodge Lake (McHenry Co.) Kalina Dam (Bowman Co.) Carlson Lakes (North and South) (Ward Co.) Lake Josephine (Kidder Co.) Carpenter Lake (Rolette Co.) Lake Laretta (Nelson Co.) Cherry Lake (Kidder Co.) Lake Williams (Kidder Co.) Clear Lake (McIntosh Co.) Long Lake (McLean Co.) Coal Mine Lake (Sheridan Co.) Mallard Marsh (Stutsman Co.) Coldwater Lake (McIntosh Co.) North Tobiason Lake (Steele Co.) Cottonwood Lake (Williams Co.) Powers Lake (Burke Co.) Crooked Lake (McLean Co.) Rice Lake (Emmons Co.) Devils Lake (Ramsey/Benson Co.) Round Lake (Kidder Co.) Diamond Lake (LaMoure Co.) School Section (Rolette Co.) Dry/Goose Lake (McIntosh Co.) Sibley Lake (Griggs Co.) Eckelson Lake Complex (Barnes Co.) Silver Lake (Benson Co.) Etta/Alkaline Complex (Kidder Co.) Spiritwood Lake (Stutsman Co.)

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Flood Lake (LaMoure Co.) Spring Lake (Bowman Co.) Fresh Lake (Kidder Co.) Stanley Reservoir (Mountrail Co.) Gascoyne Lake (Bowman Co.) Stump Lake (Nelson Co.) Grass Lake (Richland Co.) Sunday Lake (Stutsman Co.) Gravel Lake (Rolette Co.) Tioga Reservoir (Williams Co.) Heart Butte Dam (Lake Tschida) (Grant Co.) West Napoleon Lake (Logan Co.) Upper Souris National Wildlife Refuge (Lake Darling and all waters within the Refuge boundary) (Renville and Ward Co.) All waters open to public fishing in Ramsey County, including Devils Lake Lake Oahe (South Dakota border to MacLean Bottoms boat ramp and all tributaries upstream to the first vehicular crossing). Lake Sakakawea (Garrison Dam to Highway 85 Bridge at Williston and all tributaries upstream to the first vehicular crossing).

3-3-3. Species Legally Taken

The only legal species for dark house spear fishing are northern pike and nongame species as listed in Section A-1.

3-3-4. Other Regulations

All individuals who participate in dark house spear fishing shall register on the North Dakota Game and Fish Departments website (gf.nd.gov) prior to participating.

3-4. PADDLEFISH SNAGGING

3-4-1. Means and Equipment

Each paddlefish angler must cast for, hook and reel (retrieve) their own fish. The use of more than one snag hook per line is illegal. Snagging from a boat is illegal. The use or possession of any gaff hook for a distance of one half of a mile in either direction of the Highway 200 Bridge on the Yellowstone River is illegal. It is illegal to gaff any species other than paddlefish. It is illegal for a person to use fish snagging equipment in the paddlefishing area at any time if that person has no tag in their possession.

3-4-2. Seasons and Water Bodies for Legally Taking Fish

Paddlefish snagging is legal from May 1 through May 31 of each fishing year. Paddlefish snagging is legal only from 8:00 am to 10:00 pm (CT) during each day of the paddlefish snagging season. If harvest approaches the maximum allowable harvest of 1000 paddlefish as determined by the Department, an inseason closure may occur with a 36 hour notice issued by the Director. If there’s an early closure, then snag and release only at the area defined in Section 3-4-2.1 will be allowed for a seven day period immediately following the harvest closure, but not to extend beyond May 31. Notice of an early closure and subsequent days set aside for ‘snag and release only’ will be issued by a special news release from the Department. Paddlefish snagging is legal in the Yellowstone River and that area of the Missouri River lying west of the U.S. Highway 85 bridge to the Montana border, excluding that portion of the Missouri River

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from the pipeline crossing (River Mile 1577) downstream to the upper end of the Lewis & Clark WMA (River Mile 1565).

3-4-2.1. Specific Area Open to Extended Snag and Release That area of the Missouri River starting on the north shore from the Confluence boat ramp then east (downstream) one-half mile, and that area of the Missouri River starting on the south shore from the Confluence with the Yellowstone River then east (downstream) one-half mile.

3-4-3. Species Legally Taken

The only species that can be taken during the paddlefish snagging season is paddlefish.

3-4-4. Other Regulations All paddlefish snaggers must obtain and have in their possession a paddlefish tag in addition to a license and certificate that may be required. Only one tag per angler will be issued per season and this tag is not transferable to another person. Any paddlefish tag that is locked shut prior to attachment, altered, or modified is voided and will not be replaced. With the exception of snag and release days, each paddlefish must be tagged immediately when creeled and must be tagged with one's own tag. In case of early season closure (Section 3-4-2) there will be no refunds for unused tags. The release of any paddlefish after snagging is prohibited except for 1) each Monday and Tuesday during the month of May during the paddlefish snagging season, and 2) in the case of an early harvest closure, the (up to) seven day period immediately following the harvest closure, which is designated as ‘snag and release’ only. On these snag and release only days, the snagger must possess a current and unused paddlefish tag. All snagged fish must be released immediately during these days. It is illegal to use or possess a gaff hook in any of the paddlefish snagging areas during the snag and release days.

If a fish is cut up, the tag must accompany the dressed fish either by attachment to the bag containing the dressed fish or within the bag. The snagger must keep that portion of the back and dorsal fin (back fin) necessary to maintain the tag sealed to the fish. The sale, barter, trade or purchase of paddlefish eggs is legal for only one qualified and properly permitted paddlefish caviar operation, and any party with whom it contracts. The permit will be issued annually to a nonprofit, bonded entity that has met all requirements to ensure a legal operation.

3-5. TAKING OF LIVE BAIT

3-5-1. Means and Equipment

It is legal for a fishing license holder to take legal live bait and legal live baitfish (see Section 2-1-1 and 2-1-2) by hand, or by use of one dip net, or one trap which shall not exceed 12 inches in diameter and 30 inches in length with a throat or mouth opening not to exceed 1 1/4 inches. Possessing any other fish species taken in a trap, by hand, or dip net is illegal. It is legal to return fish to the water if done immediately after being caught. Any container used to hold bait must be free of aquatic vegetation.

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3-5-2. Seasons, Water Bodies and Species that can Legally be Taken

Legal live bait and legal live baitfish (see Section 2-1-1 and 2-1-2) may be taken in all public waters of the state and at all times except for the following:

- Those areas listed in Section 2-2-3.1.1. - Water bodies designated as infested with prohibited or regulated Aquatic Nuisance

Species (ANS) (see North Dakota Game and Fish Departments website (gf.nd.gov) for current list of lakes).

Exception - taking of rainbow smelt is allowed on the Missouri River System; however, all smelt taken from the Missouri River System must be dead when transported.

4. FISH DAILY AND POSSESSION LIMITS, AND SIZE RESTRICTIONS

4-1. DESCRIPTIONS AND MEANS The daily creel limit is defined as a limit of fish harvested from midnight to midnight. No person may possess more than North Dakota’s daily limit of fish while on the water or the ice or actively engaged in any manner of fishing. The possession limit means the maximum number of each legally taken fish species that a person may have in their actual possession during any phase of any single fishing trip of more than one day. The storage limit at one’s personal permanent residence is unlimited; however, at no time may a person transport more than a possession limit unless by written approval of the Director. Any fish caught on a given day and gifted to another person is counted in the daily creel limit of the person catching same. Gifted fish including packages of fish must be accompanied with the following information from the individual gifting the fish: name, fishing license number, phone number, date, and species and number of fish gifted.

The packaging of fish away from one’s permanent residence must be done in such a manner that the number of fish in each package may be easily determined.

Commercial processors, common carriers, and common storage areas may possess any person’s legally taken possession limit of fish. Each package must be labeled with the owner’s name and address. No person shall possess any game fish species then waste, destroy or abandon the edible flesh (fillets). It is illegal to remove more than gills, entrails, and scales from fish in waters that are subject to a size limit while on the water or actively engaged in fishing. It is illegal to remove more than the gills and entrails (head, fillets and tail must be attached) from channel catfish east of ND Highway 1 while on the water, actively engaged in fishing, transporting or until the fish are at the license holder’s personal, permanent residence.

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44--22.. DAILY CREEL AND POSSESION LIMITS

4-2-1. Statewide

Except as specified in Section 4-2-2, the daily creel and possession limit in waters of the state are:

SPECIES

DAILY CREEL

POSSESSION

Northern Pike 3 6 Walleye, sauger, saugeye, or combination* 5 10 Largemouth bass, smallmouth bass or combination 3 6

Trout 3 3 Salmon 5 10 Yellow Perch 20 80 Bluegill 20 80 Crappie 20 80 White Bass 20 80 Burbot 10 20 Muskellunge (pure or hybrid) 1 1 Channel Catfish (East of ND Highway 1) (West of ND Highway 1)

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no limit

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no limit Nongame fish (other than smelt and legal live baitfish) no limit no limit Paddlefish (for legal snagging only) 1 per season (see Section 3-4) Smelt 5 gallons 5 gallons Legal Live Baitfish 150 150 Frogs 24 24 Salamanders 24 24 Crayfish 48 48

* Zander are included as part of the walleye, sauger, saugeye combination in Spiritwood Lake

4-2-2. Exceptions

1. Water bodies in Benson, Eddy and Ramsey Counties and Stump Lake in Nelson

County - The daily creel and possession limits for northern pike are 5 and 10 respectively.

2. Kraft Slough (Sargent County) – The daily creel and possession limits for yellow perch are 10 and 20 respectively.

3. Odland Dam (Golden Valley County) - The daily creel and possession limits for yellow perch are 10 and 20 respectively. The daily creel and possession limits for bluegill are 10 and 20 respectively.

4. Pipestem Reservoir (Stutsman County) - The daily creel and possession limits for crappie are 10 and 20 respectively.

5. Lake Metigoshe (Bottineau County) - The daily creel and possession limits for bluegill are 10 and 20 respectively.

6. Red and Bois de Sioux rivers (up to the first vehicular bridge or crossing on any of their tributaries) - The daily creel and possession limit for walleye, sauger, saugeye or combination are three. The daily creel and possession limit for northern pike are three.

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7. Red and Bois de Sioux rivers (up to the first vehicular bridge or crossing on any of their tributaries) - The daily creel and possession limit for channel catfish are 5 regardless of the number of state or provincial licenses purchased by the angler. The daily and possession limit for catfish exceeding 24 inches is one.

8. Lightning Lake (McLean County) - It is illegal to possess any trout from April 1 through June 30 of each fishing year.

9. OWLS Pond (Burleigh County) or State Fair Pond (Pathway Pond) (Ward County) – All fish caught must be released immediately, regardless of condition.

4-3. SIZE LIMITS

4-3-1. Minimum Size Restrictions

4-3-1.1. Walleye and Sauger - It is illegal to take or possess walleye or sauger less than 14 inches in total length from the following waters: - Jamestown Reservoir and Pipestem Reservoir in Stutsman County;

- North Golden Lake and South Golden Lake in Steele County

4-3-1.2. Largemouth Bass - It is illegal to take or possess largemouth bass less than 14 inches in total length from the following waters: - Red Willow Lake in Griggs County; - North Golden Lake and South Golden Lake in Steele County

4-3-1.3. Northern Pike - It is illegal to take or possess northern pike less than 24

inches in total length from the following waters: - Red Willow Lake in Griggs County;

- North Golden Lake and South Golden Lake in Steele County

4-3-1.4. Muskellunge (pure or hybrid) - It is illegal to take or possess muskie (pure or hybrid) less than 40 inches in total length from any waters in North Dakota.

4-3-2. Maximum Size Restrictions

4-3-2.1. Channel Catfish - It is illegal to take or possess more than one channel catfish greater than 24 inches in total length east of ND Highway 1.

5. OTHER RULES AND REGULATIONS

1. It is illegal to deposit or cause to be deposited any fish or parts thereof, upon the ice, in the water, or upon the shore of any water body in North Dakota.

2. It is illegal to introduce anything into waters of the state for the purpose of attracting fish that is not attached or applied to a lure as defined in Section 2-1-6. Decoys used for dark house spear fishing are excluded.

3. Fish houses must be removed from all waters by midnight March 15 of each fishing year. Fish houses that are actively being occupied may be used after March 15 of each fishing year if they are removed after each use. It is illegal to leave fish houses on state-owned or managed land after March 15 of each fishing year.

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4. Fishing holes outside of a fish house may be placed no closer than ten feet from the house except by permission of the occupant or owner.

5. When a hole greater than 10 inches in diameter is left in the ice after ice fishing or when a dark house is moved, the area in the immediate vicinity of the hole must be adequately marked with 1) a natural object, or 2) a brightly painted or colored wooden lath. Markers must be visible from a minimum of 150 feet.

6. No person or entity may conduct a fishing contest on waters of the state without first receiving a permit issued by the Director.

7. The season limit for snapping turtles taken by hook and line is two. 8. Shared boundary waters - Residents of North Dakota and Minnesota holding a valid resident fishing

license from their respective state and persons of other states who either have a non-resident North Dakota or Minnesota fishing license may fish in the Red and Bois de Sioux rivers. Those persons possessing such license may launch and fish from either shore and may transport such fish with them by the most convenient route to the state in which they are licensed. All anglers and boaters are required to comply with aquatic nuisance species and fish and bait regulations of the State in which they occupy, except while on the water or ice anglers must comply with the regulations of the state for which they are licensed. (Note: this includes those who are not required to have a license).

6. LICENSES OR SPECIAL PERMITS must be issued for each season, in a manner and form prescribed by the Game and Fish Director and in accordance with the law. Each fishing license shall be in the form of a stamp which must be endorsed in ink with the licensee's signature and affixed to the back of the licensee's fishing, hunting, and furbearer certificate. These licenses can also consist of a computer generated certificate, required information, and a listing of the licenses that have been purchased. For these licenses to be valid, the license holder must sign the computer generated certificate. The certificate must be obtained prior to purchase of the stamp. The licensee shall carry the fishing license on person at all times while fishing.

7. VIOLATIONS AND PENALTIES

1. Failure to affix and sign stamps to the licensee’s fishing, hunting and furbearer certificate (Section 6) – penalty - $25.

2. Fishing with or possession of an illegal live baitfish (Section 2) – penalty - $250.

3. Fishing with an illegal bait (other than live baitfish) (Section 2) – penalty - $25.

4. Fishing with an excessive number of lines up to and including four lines in excess of the legal

number of lines (Section 3)– penalty - $50 per line.

5. Failure to attend fishing equipment (Section 3)– penalty - $25.

6. Fishing in a closed area (Section 3)– penalty - $100.

7. Possession of undersized fish (Section 4)– penalty - $25 per fish.

8. Exceeding the daily creel limit of fish, one fish in excess of the daily limit (Section 4)– penalty - $100. More than one fish in excess of the daily limit or second violation within one year is a Class B misdemeanor. The aforementioned non-criminal penalty does not apply to over limit of paddlefish, muskellunge, or violations of channel catfish length restrictions.

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9. Removing more than gills, entrails, and scales from fish that are subject to a size limit while on

the water or actively engaged in fishing on waters having a size restriction, - or - removing more than gills and entrails from channel catfish east of ND Highway 1 while on the water, actively engaged in fishing, transporting or until the fish are at the license holder’s personal, permanent residence (Section 4)– penalty - $100.

10. Snagging for paddlefish before or after legal hours (Section 3)– penalty - $100.

11. Transfer of a paddlefish tag to another (Section 3)– penalty - $100.

12. Failure to immediately tag a paddlefish with one’s own tag (Section 3)– penalty - $100.

13. Cast for or attempt to hook a paddlefish for another (Section 3)– penalty - $100.

14. Use more than one hook per line for paddlefish (Section 3)- penalty - $100.

15. Use or possess a gaff in restricted areas or on catch and release days while paddlefish snagging

(Section 3)– penalty - $100.

16. Snag for paddlefish from a boat (Section 3) – penalty - $100.

17. Release a paddlefish on harvest days or fail to release a paddlefish on release days (Section 3) – penalty - $200.

18. Fail to have tag accompany processed paddlefish (Section 3)– penalty - $100.

19. Violation of signage rules of the proclamation (Section 3)– penalty - $100.

20. Failure to properly package fish (Section 4)– penalty - $25.

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B. COMMERCIAL FISHING, BAIT VENDORS, CLAMMING AND LEECHING Commercial fishing, clamming and leeching consists of those activities where a special permit or license is required other than a regular fishing license. These activities include non-contract commercial fishing, contract commercial fishing, bait vendors, clamming and leeching. B-1. NON- CONTRACT COMMERCIAL FISHING

Non-contract commercial fishing is licensed only through application to the Game and Fish Department.

1. Seasons for Legally Taking Fish Non-contract commercial fishing is open from May 15th through November 30th of each fishing year.

2. Species, Gears and Areas of the State for Legally Taking Fish

Channel catfish and nongame fish species excluding legal live baitfish (as defined in Section A-1) may be taken with the following gear in the following areas:

Seines and hoop nets - that portion of Lake Oahe and the Missouri River lying between where the electric transmission line crosses the Missouri River north of Beaver Bay to the Leland Olds Power Station/UPA boat ramp; that portion of Lake Sakakawea and the Missouri River north and west of the Four Bears Bridge to the Montana border; and the Yellowstone River. Set lines – that portion of the Little Missouri River lying west of N.D. Highway 22 Bridge;

and the Yellowstone River.

3. Gear Restrictions a. Seines – maximum length 100 feet. Stretched mesh size shall not be less than 1 ½ inches

square or more than 3 inches square. b. Hoop nets – maximum hoop diameter is four feet. No more than five hoop nets may be

possessed. c. Set lines – no more than ten hooks per set line is allowed. No more than five set lines may be

possessed. The entire set line, except for the ends used for anchoring, must be below the water line at all times. All set lines must be pulled and checked at least once every 48 hours.

4. Other

Tags furnished with the license must be attached to the gears identified in Section B-1.2 at all times. A licensed non-contract commercial fisherman may sell their catch at their residence only.

B-2. CONTRACT COMMERCIAL FISHING

Contract fishing is for nongame fish species (see Section A-1) and will be performed under individual contract with the Game and Fish Department. Contract fishing requires a bond from a recognized bonding company or a line of credit from a recognized financial institution.

B-3. BAIT VENDOR A person may not take, possess, purchase, transport, or sell minnows or other live bait at wholesale or

retail without first obtaining the appropriate license. Bait vendor licenses are issued for a calendar year and are only available through application to the Game and Fish Department.